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Guidelines for Examination

 
 

7.2.3 Request for publishing fee and translations

Once the interlocutory decision becomes final or the amended texts in which the patent is to be maintained have been drawn up in opposition appeal proceedings, the formalities officer requests the proprietor of the patent to pay, within three months, the fee for publishing a new specification of the European patent and to file a translation of any amended claims in the two official languages of the EPO other than the language of the proceedings.

In the communication under Rule 82(2), the proprietor of the patent is asked whether he requests a paper copy of the new patent specification to be supplied to him with the new certificate for the amended European patent. This paper copy of the new specification is supplied free of charge if requested within the time limit of Rule 82(2) or Rule 82(3). See also C‑V, 12.

Rule 74

If the European patent in the amended form contains different claims for different Contracting States, a translation of all sets of claims – in the text communicated to the proprietor of the patent – into all official languages other than the language of the proceedings must be filed.

If the request under the first paragraph above is not complied with "in due time", the acts may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit, provided that within this two-month period the prescribed surcharge is paid. If any of the acts is not performed within the period of grace, the formalities officer will issue a decision for revocation of the patent in accordance with Rule 82(3).